United States v. Orlando Clement

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 12-50189 Plaintiff-Appellee, D.C. No. v. 2:05-cr-00814-

GAF-

ORLANDO CLEMENT, AKA Rab, AKA Seal C, Defendant-Appellant. OPINION

Appeal from the United States District Court for the Central District of California Gary A. Feess, District Judge, Presiding

Submitted July 8, 2013*

Filed July 22, 2013

Before: Alex Kozinski, Chief Judge, William C. Canby, Jr. and Richard C. Tallman, Circuit Judges.

Per Curiam Opinion

* The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). SUMMARY**

Criminal Law

Summarily affirming a criminal judgment, the panel held that the defendant’s claims are foreclosed by United States v. Augustine, 712 F.3d 1290 (9th Cir. 2013), which held that mandatory minimums in the Fair Sentencing Act of 2010 did not apply in 18 U.S.C. § 3582(c)(2) proceedings to defendants sentenced before the Act was enacted.

The panel denied the defendant’s petition for initial hearing en banc without prejudice to…